Keeping Pace with Legal Change
The more recent the Supreme Court decision of the case of Krishan Gopal vs. Gurmeet Kaur (Dead)b), Through LRs.,& Ors.…
The Supreme Court in this case clarified that a person not party to a document is not obligated to seek its cancellation. It restored the plaintiff’s title based on a valid gift deed, setting aside the High Court’s erroneous interpretation of Section 31 and 34 of the Specific Relief Act, 1963.
Sections 28 to 31 of The Rajasthan Court Fees and Suits Valuation Act, 1961, regulate court fees for possession, easement, and pre-emption suits in Rajasthan, India. Section 28 deals with possession suits, where fees are calculated based on the market value of the property. Section 29 deals with easement rights, where fees are tied to the value of the property affected. Sections 30 and 31 pertain to pre-emption, fees computed either on the value of the property or the disputed value. Such provisions provide for a uniform, fair system for costs of litigation, promoting accessibility to justice for litigation over property ownership, user rights, and preferential purchase.
